That’s NBC’s Brian Williams, describing last week’s Supreme Court opinion making it easier to file age-bias suits. If this claim makes any sense at all, it’s only by ignoring the possible unintended or second-order effects of litigation. Mickey Kaus explains (no permalinks, scroll to Mar. 31 entry).
Archive for April, 2005
The sailor’s doxy
Suits against cruise lines by passengers who get sick on board are bringing the courts quite a bit of business at the moment, but the lawsuit against Holland America Line by 81-year-old Bernice Oltman and her son, Jack Oltman, goes further. “The Oltmans said they suffered from a gastrointestinal illness, and also saw crew members eating directly from buffet platters. ‘During the scheduled stop in Ecuador, Jack Oltman noticed some crew members openly associating with prostitutes,’ the lawsuit said.” (There was an overflowed toilet, too.) “The Oltmans said they expected to be compensated by Holland America for pain and suffering, emotional distress, loss of earnings, legal fees and medical expenses, including a colonoscopy and hemorrhoid surgery, the lawsuit said.” (“Cruise Line Sued for ‘Unsanitary’ Cruise”, Reuters, Apr. 1). “Scandalous” pleadings, as described in legal authorities such as Federal Rule of Civil Procedure 12, include those which serve to heap disrepute on the opponent without advancing any colorable claim; presumably the Oltmans’ attorney is prepared to demonstrate a convincing link between the alleged tarts and the alleged torts.
San Francisco to vote on regulating blogging
The San Francisco Board of Supervisors will vote April 5 on a proposed campaign finance regulation that would define “electioneering communication” to include weblogs that receive more than 500 hits from San Francisco voters. There would be a disclosure requirement (that must be made in a 14-point typeface) and potential reporting requirements. (via Southern California Law Blog and Personal Democracy Forum).
American Justice Partnership
This new organization, among other functions, serves as a clearinghouse for the latest information about litigation reform efforts around the country; its site has updates on the recent progress of such legislation in Missouri, South Carolina, Florida and elsewhere. The AJP also recently produced an audio feature (downloadable/streamable) in which three of us (myself, Steven B. Hantler of the DaimlerChrysler Corp., and Fox News commentator Judge Andrew Napolitano) discuss the topic, specifically from the standpoint of: what can a business person do to make a difference? If you’re interested in the ongoing battle over litigation reform, you’ll want to spend some time checking out the whole site.
“Reduced-sugar” cereals not healthier? Sue
A San Diego mother is suing the makers of such cereals as Trix, Cocoa Puffs and Froot Loops “seeking class-action status for all consumers in the state who bought the low-sugar cereals thinking they were healthier than full-sugar versions.” The manufacturers, her suit alleges, substitute other refined carbohydrates for the missing sugar, leaving calorie count and nutritional value little changed. (“Mother sues cereal makers over ‘lower-sugar’ slogan”, AP/Pasadena Star-News, Mar. 28; Greg Moran, “Mother sues over cereal nutrition”, AP/San Diego Union-Tribune, Mar. 29; “Mother sues over ‘deceiving’ cereal labels”, ABCNews.com, Mar. 30). Among those who wonder why she couldn’t have looked more closely at the nutrition label in the first place: Christine Hurt, GeoBandy, and commenters at DrudgeRetort. See also Mr. Sun.
Plaintiff suing Harvard cites Summers remarks
Reason #45,219 for college presidents to zip their lips on a wide variety of controversial topics: their comments may be thrown back at the university in court. “In court documents filed recently in support of her lawsuit, Goodwin [Desiree Goodwin, the “too pretty” librarian whose widely publicized bias suit against the university is now at trial] cites controversial remarks made by Harvard President Lawrence Summers in January, when he suggested at an academic conference that intrinsic differences in ability are a key reason why fewer women are in the applicant pool for jobs at the highest levels of science.” (“‘Sexy’ library worker pursues discrimination case against Harvard”, AP/Boston Herald, Mar. 21; see Red State Law Blog, Mar. 22). For more on the lawsuit, see Nina L. Vizcarrondo, “Testimony Begins in Worker’s Lawsuit”, Harvard Crimson, Mar. 23; more news links.
“Cultural training required for doctors”
Paging Sally Satel: Acting New Jersey Gov. Richard J. Codey last week signed into law legislation requiring doctors to receive so-called cultural competency training as a condition of obtaining or renewing their licenses to practice medicine. The measure is apparently the first of its kind, but advocates are pushing similar measures in other states as well. (Shawn Rhea, Camden Courier-Post, Mar. 24). Background: Sally Satel and Jonathan Klick, “Don’t Despair Over Disparities”, Weekly Standard, Mar. 1, 2004, reprinted at Satel’s site.